HR 5117 ELL Chapt 7

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Bona Fide Occupational Qualification (BFOQ)

An exception to the civil rights law that allows an employer to hire employees of a specific gender, religion, or national origin when business necessity - the safe an efficient performance of the particular job- requires it

BFOQ Exception Statute

requires that an employer justify a BFOQ on the basis of business necessity

Diaz vs PAN AM

Diaz won case (Male Flight Attendant)- BFOQ provision should be read narrowly; the test for a BFOQ is business necessity not business convenience

Dothard vs. Rawlinson - court up held BFOQ - only male security guard were to be hired to work in a male prison

Gender Plus - Discrimination

An employer who places additional requirements on employees of a certain gender but not on employees of the opposite gender violates Title VII

Equal Pay Act of 1963

Federal Legislation that requires that men and women performing substantially equal work to be paid equally

Employees justifying pay differentials on seniority systems, merit pay systems, or production base pay systems must demonstrate that the system is bona fide and applies equally to all employees

Administered by the EEOC

Equal Pay Act is administered by the EEOC

An individual suit must be filed within 2 years of the alleged violation

Lily Ledbetter Fair Pay Act

Statute that extends time in which an employee may file suit under several federal employment statutes - must file within 180 days when discriminatory practice is realized

Employees can recover back pay from 2 years prior to the suit; however, if the court finds that the violation was "willful", it may allow recovery for back pay for 3 years prior to filing the suit

Unlike Title IV - the Equal Pay Act does not allow recovery of punitive damages

Prima Facie

-based on the first impression

-accepted as correct until proven otherwise

Bennett Amendment

allows pay differential between employees of different sexes when the pay differential is due to seniority, merit pay, productivity-based pay or a factor other than sex

Comparable Worth

A standard of equal pay for jobs of equal value; not the same as equal pay for equal work

equal pay for equal work applicable only to Equal Pay Act

Pregnancy Discrimination Act of 1978

An act that amended Title VII to include pregnancy discrimination in the definition of sex discrimination

resulted from GE vs Gilbert - were GE was found not to have violated Title VII for refusal to cover pregnancy or related conditions under its sick-pay plan

Family and Medical Leave Act

signed into law by President Clinton in 1993

allow eligible employees to take up to 12 weeks unpaid leave in any 12 months because of:

-birth, adoption, or foster care of a child

-the need to care for a child, spouse, or parent with a serious health condition; or

-the employee's own serious health condition makes the employee unable to perform functions of his or her job

FMLA - exceptions

employer may designate "key employee" who may be denied leave under the act

-key employees are those whom it would be necessary for the employer to replace in order to prevent substantial and grievous economic injury to the operation of business

Key employees must be salaried employees and must be among the highest 10% of the employees at the work site

Military Leave Provisions

2008 National Defense Authorization Act

-allow employees to take up to 12 weeks of unpaid leave during a 12 month period for a family member being on active duty